State Won't Retry Richardson Murder Case

May 6, 1989|By Constance Johnson of The Sentinel Staff

James Richardson not only didn't get a fair trial, but he probably was wrongfully accused of poisoning his seven children, and the state will not retry the murder case against him, a special prosecutor said Friday.

''It's total and absolute vindication,'' said attorney Mark Lane of Washington, who worked for 21 years to free Richardson from prison.

In court papers filed Friday in Arcadia, Special Prosecutor Janet Reno and staff criticized the way Richardson's case was investigated 22 years ago. The motion concludes:

- That a totally inadequate and incomplete investigation was conducted into the deaths of the seven children. Obvious leads were never pursued; critical questions were never answered; glaring inconsistencies were never questioned or resolved; and standard investigative procedures were not followed.

- That the state did not have sufficient evidence to charge Richardson and prove him guilty beyond a reasonable doubt. The testimony of three jailhouse inmates used to convict Richardson was inconsistent and unreliable.

''It is apparent, after a review of all evidence obtained in the original investigation and ensuing investigations, that not only couldn't the state prove that James Richardson was guilty beyond a reasonable doubt, but James Richardson was probably wrongfully accused,'' Reno said in the motion not to prosecute Richardson.

The children, ages 2 to 8, died in Arcadia in October 1967 after eating a lunch of hog jowls, grits, beans and rice. The food had been laced with the pesticide parathion. It was fed to the children by a baby sitter, Bessie Reece, while Richardson and his wife were working in a grove.

Reno also criticized the prosecutors' failure to investigate Reece's possible involvement in the childrens' deaths.

''Little was done to pursue Bessie Reece as a subject, despite the fact that she was the last one to see the children alive at the apartment when she cut up the food into seven equal portions; that she lied when she initially stated she had not gone into the apartment; and that former Assistant State Attorney John 'Red' Treadwell has said that he will go to his grave believing that Bessie was involved,'' Reno said.

Reece, 68, has Alzheimer's disease and is in an Arcadia nursing home.

Richardson was convicted of first-degree murder in the death of his 8-year-old stepdaughter Betty Jean. He was sentenced to die, but was saved by the U.S. Supreme Court ruling in 1972 that Florida's death penalty at the time was unconstitutional. He spent the last three years in Tomoka Correctional Institution in Daytona Beach.

Last week, retired Circuit Judge Clifton Kelly said Richardson, 53, did not receive a fair trial and released him into the custody of attorney Ellis Rubin.

''I think it's good. It's wonderful. I think everything is all right now, and I'm able to go forward now and get on with my life,'' Richardson said Friday. ''I just have to get on with my life. It feels good being free.''

Richardson is working with nutritionist Dick Gregory at his health resort in Fort Walton Beach. He signed a 10-year contract worth $1 million to work for Gregory.

Richardson has several speaking engagements scheduled and is planning to attend a dinner Saturday night in Chicago in his honor. He has been invited to speak before Amnesty International groups in London and Los Angeles, but no dates have been set, Lane said.

''I believe justice has prevailed in this case, and I commend everyone that brought that about,'' Gov. Bob Martinez said in a statement.

Richardson is free, but many aspects of his case remain unsolved. Reno, the Dade County State Attorney appointed by Martinez to investigate the case, now turns her attention to determining whether there was any misconduct by public officials who investigated and prosecuted the case.

That investigation most likely centers on former DeSoto County State Attorney Frank Schaub, former DeSoto County Sheriff Frank Cline and Treadwell. Reno has refused comment on that aspect of the investigation.

''She could look all she wants to, but she'll come up with zero on Frank Schaub,'' said Larry Byrd, an attorney representing Schaub in a defamation lawsuit against Lane and Rubin.

Lane, who wrote a book about Richardson's plight in 1970, said he will file lawsuits against those responsible for Richardson's conviction to win his client compensation. Before asking for restitution from the Legislature, Lane said Richardson has to exhaust all other methods.